The Wilmingtonian., 1887-02-26
A Wholesome Verdict.

n w uUttSOihC sVhNhSts
Aside from tho conservatism OF the verdic,
rendered In the Giles versus the Diamond
State Rolling Mill Company case it gave well
nigh universal satisfaction.
Chief Justice Comegys in his charge to th.
Jury in this case emphasized the declaration
that when life is jeopardzed BY constructly.
csrelessness that those so jeopardizing csn-
not escape legal liabilities for the cssusaltes
that thus ensue.
This ease has never before had Its parallelism
in tho jurisprudence Of Delaware and it hss
definitely established the relation OF Master
aud Servant as regards liabilities.
The interest manifested in this trial BY al
CLASSES of our citizens WAS somewhat phe-
pomcnsl and the divergence in the testimony
OF the witnesses of either aide was mos,
marked.
While 1T would be cruel to impute to the
defendants an implication OF manufactured
evidences yet 1t occurs to us, Of tho cartload
OF employees of the Diamond State lroh
Company, who testified to the violence OF
the storm upon that fatal day as oxper.
ienoing such gale as described upon tlsnit-
ness stand, that they were devoid of all feel
ings of humanity in not calling to ther fellow
workingmen upon that building Jump boys
iump an unbottled and an unbridled tornado
Ia coming"
Think Of it--a score of men on the ground
comparatively safe from danger wrestling,as
they at ted, with fiery and untamed cyclone
and not ons word of warning co those upon
the roof of an adjoining building!
As there was an entire absence of testi-
mopy showing that those upon the ground
gave any indication of approaching danger
the presumption is conclusive that no signal
Of danger was given.
Another peculiar feature of this now his
torical tornado was markedly noticeable. The
srst known OF this ''youngster" was out
at the West YARD, on the line of the P.W. d
B. r. r., toying with some cattle cars, and
although then seen Masking bee line for tbs
now building of the Diamond State Iron
Company, yet not even shrub-not even q
pAlng upon fence-not even shed in the
course Of this monster, was disturbed, yea,
even more, within two or three minutes Of
the time when this tornado demolished said
building Mr.. Cheyney Of the Es1g Ete-
nSns was in Its direct lius ind not even the
faint Of cyclone WAS upon him. ),
Had the Diamond State Rolling Mill tor
nado sized up to Its prescribed measure
msnts. Wilmington might, to-day, have
boasted of modernized edition of Elijah
In the person of the lsmented J.B.Cheyney.
The merciless puncturing which Levi @.
Bird Esq gave this hsmaphroditic mon
ster, now known as the Diamond State Roll
Ing Mill cyclone, will probably cost said com
pAny not less than a50,000.
In the case of Gossom veraps the Diamond
State Rolling Mill Company the defendants
compromised on basis OF 10000 for the
plaintiff rather than allow q jury to adjudi-
cate the matter. 1t is true that the defend
ants will take an appeal to the Court OF Err
rors but 1t Is Fresumable that such an sstute
lawyer as Mr.. Bradford, who was deputized
to argue for motion for a nonsuit in the
recent trial, resurrected about all the Law
there was In this sase and as the motion fol-
ponsuit was denied there is but the re.
motest possibility of revokement of this
decision Of the Superior Court.